RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             20 December 2005
      DOCKET NUMBER:  AR20050004435


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected by
showing that he was awarded the Vietnam Service Medal (VSM) with four
bronze service stars and by awarding him the Good Conduct Medal (GCMDL),
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Action Honor Medal – First Class (RVNCAHM-FC)
Unit Citation, the Presidential Unit Citation (PUC), the Meritorious Unit
Commendation, the Valorous Unit Award (VUA), and the Artillery Badge.

2.  The applicant states, in effect, that he should have received all of
those awards when he left Vietnam and was separated from the Army.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge) and a letter from the National Personnel Records Center (NPRC)
dated 14 March 2005, which authorizes the issuance of the National Defense
Service Medal (NDSM), the VSM with four bronze service stars, and the
Republic of Vietnam Campaign Medal (RVNCM).  He also submits a copy of his
enlisted qualification record (DA Form 20).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 10 May 1968.  The application submitted in this case is dated 21 March
2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  He was inducted in Atlanta, Georgia, on 29 June 1966.  He completed his
basic combat training at Fort Campbell, Kentucky, and his advanced
individual training (AIT) at Fort Bliss, Texas.  Upon completion of his AIT
he remained at Fort Bliss until 17 May 1967, when he was transferred to
Vietnam for assignment as a cannoneer with Battery C, 4th Battalion, 60th
Artillery Regiment.

4.  He was promoted to the pay grade of E-5 on 1 March 1968 and departed
Vietnam on 8 May 1968.  He was transferred to Fort Lewis, Washington, where
he was honorably released from active duty (REFRAD) as an overseas
returnee. He had served 1 year, 10 months, and 12 days of total active
service and his DD Form 214 shows that he was awarded the NDSM, VSM, RVNCM,
and one overseas service bar.

5.  His records show that he received excellent conduct and efficiency
ratings throughout his service and there is no derogatory information
contained in his records that would serve to disqualify him for award of
the Good Conduct Medal (GCMDL).

6.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the GCMDL.  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  There is no automatic entitlement to
award of the GCMDL.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC)
during the period he was assigned to the unit.  Additionally, he
participated in four campaigns while assigned to Vietnam and thus is
entitled to be awarded four bronze service stars for wear on his already
awarded VSM.

8.  Army Regulation 672-5-1, in effect at the time, served as the authority
for military awards.  A review of that regulation fails to show any listing
for an “Artillery Badge” of any sort.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served four tours in Vietnam and thus is entitled to be
awarded four bronze service stars for wear on his already awarded VSM.

2.  His unit was also awarded the RVNGC w/Palm Unit Citation and the MUC.
Accordingly, he is entitled to be awarded those awards as well.
3.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 29 June 1966 through 10 May 1968.  This conclusion is based on
the fact that the record is void of any derogatory information, which would
preclude the applicant from being awarded the GCMDL, and the lack of any
specific action by the applicant’s unit commander to disqualify him from
receiving the award.

4.  However, the applicant has not provided sufficient evidence and there
is none in the available records to show that he should have been awarded
the RVNCAHM-FC Unit Citation, the PUC, the VUA or an Artillery Badge.
Therefore, lacking such evidence, there appears to be no basis to award
them to him at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__JH____  ___RB__  ___JM__   GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding him four
bronze service stars for wear on his already awarded VSM, the GCMDL for the
period of 29 June 1966 to 10 May 1968, the RVNGC w/Palm Unit Citation, and
the MUC.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the RVNCAHM-FC Unit Citation, the PUC, the VUA and an Artillery
Badge.




            ______James Hise_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004435                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |102/gcmdl                               |
|1.107.0056              |                                        |
|2.107.0034              |80/muc                                  |
|3.107.0094              |140/rvngc                               |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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